Judgment of the Court (First Chamber) of 18 December 2008 - Les Éditions Albert René Sàrl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Orange A/S
(Appeals - Community trade mark - Regulation (EC) No 40/94 - Articles 8 and 63 - Word mark MOBILIX - Opposition by the proprietor of the Community and national word mark OBELIX - Partial rejection of the opposition - Reformatio in pejus - 'Counteraction' theory - Modification of the subject-matter of the dispute - Documents included as an annex to the application as new evidence before the Court of First Instance)
Language of the case: English
Parties
Appellant: Les Éditions Albert René Sàrl (represented by: J. Pagenberg, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent), Orange A/S (represented by: J. Balling, advokat)
Re:
Appeal against the judgment of the Court of First Instance (Third Chamber) of 27 October 2005 in Case T-336/03 Editions Albert René v OHIM - Orange (MOBILIX) by which that Court dismissed an action for annulment brought by the proprietor of the Community and national word mark 'OBELIX' in respect of certain goods and services classed inter alia in Classes 9, 16, 28, 35, 41 and 42 against Decision R 559/2002-4 of the Fourth Board of Appeal of OHIM of 14 July 2003 rejecting in part the application brought against the decision of the Opposition Division rejecting the opposition proceeding brought against the application to register the word mark MOBILIX in respect of certain goods and services classed in Classes 9, 16, 35, 37, 38 and 42
Operative part of the judgment
The Court:
Dismisses the appeal;
Orders Les Éditions Albert René Sàrl to pay the costs.
____________1 - OJ C 143, 17.6.2006.